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Note to employers: New wage benefits for work on Saturday, Sunday, holiday and night work, effective from 1 May 2018

The Labour Code so far has not explicitly regulated the obligation of the employers to provide employees with wage benefits or an allowance for work on Saturday and/or Sunday. However, such wage benefits can still be negotiated in a collective agreement or in an employment contract.

The Amendment to the Labour Code approved by the Slovak Parliament on 14 February 2018 (Act No. 63/2018 Col.) with effect from 1 May 2018 stipulates among other things, the obligation of the employer to provide employees with a wage allowance for work on Saturday and Sunday, and increases wage benefits for work on holiday and for night work.

The original proposal changed the originally proposed wage benefit for work on Saturday and Sunday to at least 100% of the minimum wage per hour for the gradual introduction of these benefits in two phases: from 1 May 2018 and from 1 May 2019 as follows:

1. at least 25% of the minimum wage per hour (from 1 May 2018 until 30 April 2019) and at least 50% of the minimum wage per hour (from 1 May 2019) for work on Saturday, and
2. at least 50% of the minimum wage per hour (from 1 May 2018 until 30 April 2019) and at least 100% of the minimum wage per hour (from 1 May 2019) for work on Sunday.

In the case of night work (between 22.00 pm and 6.00 am), the current wage benefit of at least 20% of the minimum wage increases to at least 30% of the minimum wage (from 1 May 2018 until 30 April 2019), and to at least 40% of the minimum wage (from 1 May 2019), and specifically for risk work to at least 35% of the minimum wage (from 1 May 2018 until 30 April 2019), and at least 50% of the minimum wage (from 1 May 2019).

Also, the possibility to agree lower amount of this wage benefit is regulated, namely in the collective agreement or in an employment contract (but only in case of an employer without a trade union organization being active, and employing less than 20 employees), as follows:

1. at least 20% of the minimum wage per hour (from 1 May 2018 until 30 April 2019), and at least 45% of the minimum wage per hour (from 1 May 2019) for work on Saturday; and
2. at least 40% of the minimum wage per hour (from 1 May 2018 until 30 April 2019), and at least 90% of the minimum wage per hour (from 1 May 2019) for work on Sunday;
3. at least 25% of the minimum wage per hour (from 1 May 2018 until 30 April 2019) and at least 35% of the minimum wage per hour (from 1 May 2019) for night work (with the exception of risky work).

This option of agreeing lower benefit rates will apply only to an employer, who due to the nature of the work or the conditions of the operation, is required to work regularly on Saturdays and Sundays, or to carry out the bulk of work as night work (however, it cannot be a risky work). The Amendment to the Act does not define nor its justification specifies the nature of the work or the conditions for the operation. We believe that the assessment of the work and the conditions of operation depends on the employer himself, the circumstances of its subject of activity, the nature of work, the conditions of operation and the justification of its requirement that the work be carried out on a regular basis on Saturdays and Sundays or mostly at night.

In the case of work on holiday, the current wage benefit for work of at least 50% of the average earning increases to at least 100% of the average earning of the employee.

In addition, we would like to point out that under the amendment it will be possible to negotiate a salary with the leader employee (in Slovak: “vedúci zamestnanec”) in the employment contract, taking into account any work on Saturday or Sunday (as is already the case today for work on holiday and night work). It is not possible to make an agreement with any other staff members. Leader employees are those staff members, who are empowered to determine and order work assignments at each level of employer´s management to their subordinates, to organize, manage and control their work and to give them binding instructions for that purpose.

Should you have any questions or need additional information, please do not hesitate to contact our Law Firm.

Mgr. Martina Poliačiková

Lawyer